34 U.S.C. § 12611 — Motor vehicle theft prevention program

Page 411 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12611 § 12602. Data on use of excessive force (a) Attorney General to collect The Attorney General shall, through appro- priate means, acquire data about the use of ex- cessive force by law enforcement officers. (b) Limitation on use of data Data acquired under this section shall be used only for research or statistical purposes and may not contain any information that may re- veal the identity of the victim or any law en- forcement officer. (c) Annual summary The Attorney General shall publish an annual summary of the data acquired under this sec- tion. (Pub. L. 103–322, title XXI, § 210402, Sept. 13, 1994, 108 Stat. 2071.) Editorial Notes CODIFICATION Section was formerly classified to section 14142 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER IX—MOTOR VEHICLE THEFT PREVENTION § 12611. Motor vehicle theft prevention program (a) In general Not later than 180 days after September 13, 1994, the Attorney General shall develop, in co- operation with the States, a national voluntary motor vehicle theft prevention program (in this section referred to as the ‘‘program’’) under which— (1) the owner of a motor vehicle may volun- tarily sign a consent form with a participating State or locality in which the motor vehicle owner— (A) states that the vehicle is not normally operated under certain specified conditions; and (B) agrees to— (i) display program decals or devices on the owner’s vehicle; and (ii) permit law enforcement officials in any State to stop the motor vehicle and take reasonable steps to determine wheth- er the vehicle is being operated by or with the permission of the owner, if the vehicle is being operated under the specified con- ditions; and (2) participating States and localities au- thorize law enforcement officials in the State or locality to stop motor vehicles displaying program decals or devices under specified con- ditions and take reasonable steps to determine whether the vehicle is being operated by or with the permission of the owner. (b) Uniform decal or device designs (1) In general The motor vehicle theft prevention program developed pursuant to this section shall in- clude a uniform design or designs for decals or other devices to be displayed by motor vehi- cles participating in the program. (2) Type of design The uniform design shall— (A) be highly visible; and (B) explicitly state that the motor vehicle to which it is affixed may be stopped under the specified conditions without additional grounds for establishing a reasonable sus- picion that the vehicle is being operated un- lawfully. (c) Voluntary consent form The voluntary consent form used to enroll in the program shall— (1) clearly state that participation in the program is voluntary; (2) clearly explain that participation in the program means that, if the participating vehi- cle is being operated under the specified condi- tions, law enforcement officials may stop the vehicle and take reasonable steps to determine whether it is being operated by or with the consent of the owner, even if the law enforce- ment officials have no other basis for believing that the vehicle is being operated unlawfully; (3) include an express statement that the ve- hicle is not normally operated under the speci- fied conditions and that the operation of the vehicle under those conditions would provide sufficient grounds for a prudent law enforce- ment officer to reasonably believe that the ve- hicle was not being operated by or with the consent of the owner; and (4) include any additional information that the Attorney General may reasonably require. (d) Specified conditions under which stops may be authorized (1) In general The Attorney General shall promulgate rules establishing the conditions under which participating motor vehicles may be author- ized to be stopped under this section. These conditions may not be based on race, creed, color, national origin, gender, or age. These conditions may include— (A) the operation of the vehicle during cer- tain hours of the day; or (B) the operation of the vehicle under other circumstances that would provide a sufficient basis for establishing a reasonable suspicion that the vehicle was not being op- erated by the owner, or with the consent of the owner. (2) More than one set of conditions The Attorney General may establish more than one set of conditions under which partici- pating motor vehicles may be stopped. If more than one set of conditions is established, a separate consent form and a separate design for program decals or devices shall be estab- lished for each set of conditions. The Attorney General may choose to satisfy the require- ment of a separate design for program decals or devices under this paragraph by the use of a design color that is clearly distinguishable from other design colors. (3) No new conditions without consent After the program has begun, the conditions under which a vehicle may be stopped if af- fixed with a certain decal or device design may Page 412 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12621 1 So in original. The period probably should be a dash. not be expanded without the consent of the owner. (4) Limited participation by States and local- ities A State or locality need not authorize the stopping of motor vehicles under all sets of conditions specified under the program in order to participate in the program. (e) Motor vehicles for hire (1) Notification to lessees Any person who is in the business of renting or leasing motor vehicles and who rents or leases a motor vehicle on which a program decal or device is affixed shall, prior to trans- ferring possession of the vehicle, notify the person to whom the motor vehicle is rented or leased about the program. (2) Type of notice The notice required by this subsection shall— (A) be in writing; (B) be in a prominent format to be deter- mined by the Attorney General; and (C) explain the possibility that if the motor vehicle is operated under the specified conditions, the vehicle may be stopped by law enforcement officials even if the offi- cials have no other basis for believing that the vehicle is being operated unlawfully. (3) Fine for failure to provide notice Failure to provide proper notice under this subsection shall be punishable by a fine not to exceed $5,000. (f) Notification of police As a condition of participating in the pro- gram, a State or locality must agree to take reasonable steps to ensure that law enforcement officials throughout the State or locality are fa- miliar with the program, and with the condi- tions under which motor vehicles may be stopped under the program. (g) Regulations The Attorney General shall promulgate regu- lations to implement this section. (h) Authorization of appropriations There are authorized to carry out this sec- tion.1 (1) $1,500,000 for fiscal year 1996; (2) $1,700,000 for fiscal year 1997; and (3) $1,800,000 for fiscal year 1998. (Pub. L. 103–322, title XXII, § 220002, Sept. 13, 1994, 108 Stat. 2074.) Editorial Notes CODIFICATION Section was formerly classified to section 14171 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER X—PROTECTIONS FOR THE ELDERLY § 12621. Missing Americans Alert Program (a) Grant program to reduce injury and death of missing Americans with dementia and devel- opmental disabilities Subject to the availability of appropriations to carry out this section, the Attorney General, through the Bureau of Justice Assistance and in consultation with the Secretary of Health and Human Services— (1) shall award competitive grants to health care agencies, State and local law enforcement agencies, or public safety agencies and non- profit organizations to assist such entities in planning, designing, establishing, or operating locally based, proactive programs to prevent wandering and locate missing individuals with forms of dementia, such as Alzheimer’s Dis- ease, or developmental disabilities, such as au- tism, who, due to their condition, wander from safe environments, including programs that— (A) provide prevention and response infor- mation, including online training resources, and referrals to families or guardians of such individuals who, due to their condition, wan- der from a safe environment; (B) provide education and training, includ- ing online training resources, to first re- sponders, school personnel, clinicians, and the public in order to— (i) increase the safety and reduce the in- cidence of wandering of persons, who, due to their dementia or developmental dis- abilities, may wander from safe environ- ments; (ii) facilitate the rescue and recovery of individuals who, due to their dementia or developmental disabilities, wander from safe environments; and (iii) recognize and respond to and appro- priately interact with endangered missing individuals with dementia or develop- mental disabilities who, due to their con- dition, wander from safe environments; (C) provide prevention and response train- ing and emergency protocols for school ad- ministrators, staff, and families or guard- ians of individuals with dementia, such as Alzheimer’s Disease, or developmental dis- abilities, such as autism, to help reduce the risk of wandering by such individuals; and (D) develop, operate, or enhance a notifica- tion or communications systems for alerts, advisories, or dissemination of other infor- mation for the recovery of missing individ- uals with forms of dementia, such as Alz- heimer’s Disease, or with developmental dis- abilities, such as autism; and (2) shall award grants to health care agen- cies, State and local law enforcement agen- cies, or public safety agencies to assist such agencies in designing, establishing, and oper- ating locative tracking technology programs for individuals with forms of dementia, such as Alzheimer’s Disease, or children with devel- opmental disabilities, such as autism, who have wandered from safe environments.